HR 101 - Maintain Control of your Staff – Part 1

HR 101 - Maintain Control of your Staff – Part 1

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd -  March 2010 

Please note that this pertains to South African Labour Relations and Best Practice requirements.

One of the biggest mistakes that small business owners make when they employ staff is to make them part of their extended families.  Do that and you have lost control from the get go.

Maintaining control of your staff is critical to ensuring that everyone works well together, in the same direction and working towards a common goal.  Most importantly, it will ensure that everyone is working to maintain the highest quality of service and quality control.

It stands to reason then that a ‘close eye’ needs to be kept on the staff to ensure that they meet their quota’s and that they maintain a high standard of quality work ethic.

Often consistent and poor conduct or lack of compliance to laid down procedures is a direct reflection of poor management.  Usually it means that management lack the relevant skill or that they are unwilling to manage or control staff effectively.

This will often result in issues such as (but not limited to):

• Staff spending hours talking to friends on the phone (irrespective of whether they use the office phone or their personal cellular phones).  Time spent in frivolous chatter is actually ‘theft’ of Company time.  It cuts into that particular staff members’ productivity time and if there are other employees in the vicinity, it disrupts them as well.  In essence it costs the company in time, productivity and in all probability – quality.

• Quality of work.  Most often, the first thing that goes when the staff are not effectively managed is the quality of their work.  It’s pretty much a case of ‘well if nobody is taking any notice of what I am doing, I don’t need to take care of what I am doing.”

• Another issue that constantly arises when the staff are not managed correctly and efficiently is another ‘theft’ of time.  It’s when the employees perform their personal and private chores during office hours.  I recently came across a situation where a client’s employee was fixing printers on the side.  The client’s printer broke down and despite the fact that one of the employees duties was to maintain the electronic equipment and despite the fact that he repaired the printer during office hours, this employee actually presented his employer with an invoice for repairing the printer – quite a cheek I am sure you would agree.

Next week we will have a look at some more examples of what employees get up to when they are not effectively managed.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za 

Early Warning - The Stolen GPS

Early Warning - The Stolen GPS

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

I received this story from my friend and colleague Toni Guerrero, who writes:

“A couple of weeks ago a friend told me that someone she knew had their car broken into while they were at a football game.  Their car was parked on the green which was adjacent to the football stadium and specially allotted to football fans.  Things stolen from the car included a garage door remote control, some money and a GPS which had been prominently mounted on the dashboard.

When the victims got home, they found their house had been ransacked and just about everything worth anything had been stolen.

The thieves had used the GPS to guide them to the house.  They then used that garage remote control to open the garage door and gain entry to the house.  The thieves knew that the owners were at the football game, they knew what time the game was scheduled to finish and so they knew how much time they had to clean out the house.  It would appear that they had brought a truck to empty the house of it’s contents.

Something to consider if you have a GPS – don’t put your home address in it.  Put a nearby address (like a store or gas station) so that you can still find your way home if you need to, but no-one else would know where you live if your GPS were stolen.”

Sounds like sound advice to me.  One of the things that I have realized during my time on this planet is the fact that everything good thing that comes into our lives has a ‘dark side’ and people who are that way inclined will always find a way to use that to their own advantage.  This is just one example of that.

So take care, beware, be aware and stay safe.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Networking 101 - Be Visible

Networking 101 - Be Visible

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:

“Do be visible and well liked.”

In all honesty, this one had me in stitches!  You see many people are somewhat taken aback with my ‘no nonsense’ type attitude and some are even a little ‘scared’ of me (although that also makes me laugh), but that said, most respect me because if they ask a question, they are sure to get an answer even if that answer is not necessarily the one that they wanted to hear.  I often tell people that if they don’t want to hear the answer, then perhaps they should refrain from asking the question!

Being visible for me, is not dressing up like a turkey, although in all fairness to myself, I do love bright colours (I think everyone should add colour to their lives) and wear bright t-shirts and shorts.  Being visible means that every time that someone goes onto the internet they find me, every time they sign onto a Networking site, they find me, every time they go to a Networking event, they see me or hear about me.  That for me is what is being ‘visible’.

So get in there, write a blog, get a website, write some articles for the newspaper or magazines.  Give of yourself, your experience, share some of the things in life that you have learnt.

As for being liked – well I would rather be ‘respected’ and quite frankly, as it is said ‘other people’s opinion of me are none of my business’ and that is something that I truly believe.

For more information on Renate, please visit her website at http://www.drrenatevolpe.co.za

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za  or http://www.viljoenconsulting.co.za

Business Tips – Be Careful What You Click On

Business Tips – Be Careful What You Click On

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

Please note that this pertains to the South African “Electronic Communications and Transaction Act” and Best Practice requirements.

One of the things that I always try and engrave on the minds of all the delegates who go through my workshops is that it is important to have all your contracts in place.  Contracts between you and your partners and contracts between you and your suppliers, contracts between you and your clients and, for goodness sake contracts between you and your staff.  Contracts are really important.  But what does the word ‘contract’ conjure up for you?  For me it conjures up pages and pages of legalese, most of which I  cannot understand and probably need a whole week to go through, line by line, in order to understand exactly what the terms and conditions contained therein mean.

We’ve all been caught, I’m sure – by the unscrupulous retailers and service providers that have ‘something’ on the reverse of their invoices.  You know which ones I mean – where the writing is so small and squished together that you need a magnifying glass to read it.  They are the people, when you query something, who puff themselves up and sarcastically remind you that you accepted said terms and conditions when you accepted the invoice and then very importantly fax/e-mail you the front of the invoice/document that says something along the lines of “when you accept this invoice/document you agree to all the terms and conditions on the reverse of said document”.  Of course they never send you the reverse of the document and usually the end result (because it’s too much bother to fight the system) is that you just give up!

But what about electronic signatures?  What about when we ‘click’ on that button that says agree/disagree with the terms and conditions?  I mean really, do any of us even think about what that means?  Can anybody hold me legally liable because I clicked on a button?

Well here’s the thing – yes they can!  So if you click on the button to say that you are over 18 and yes you can go into that particular site – you know the one that your mother and father would be horrified if they knew you were going in there – you can be held accountable!  And no, it’s no good glaring at me – this is according to the ‘Electronic Communications and Transactions Act 2002’, which of course means that it is the law that says so!

In effect the Act says that information cannot be considered ‘without legal force’ just because all of it of even some of it is in the form of a data message.

You see, a ‘data message’ is something that is generated or sent or received or stored or archived electronically and if they can be accessed or used for reference, then they are recognized by law as legal.  Anything that can be printed or saved, fills the requirements and that of course includes Web-pages and e-mails and their attachments.  Electronic data, nowadays is in fact seen as the same as paper documents.  Therefore they are considered to be legal.

The Act also says “an electronic signature is not without legal force and effect merely on the grounds that it is in electronic form.”  This means that whilst a physical signature is used to make a contract binding an electronic signature that can be used to identify a specific person and that indicates their approval or acceptance of the electronic information, and it is therefore considered  a ‘signature’.

It actually goes even one step further because if you reach an agreement on say e-mail for example – that agreement will be considered legal and binding at the time and the place where the offer or agreement was accepted and our e-mails are pretty much ‘date and time stamped’.

Clearly that means that when you click on the required spot or you agree to ‘terms and conditions’ on a website, you are committing yourself to a legal and binding contract, which in terms of South African law, can be enforced.

Be careful where you click people!

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Inspiration - Ability

Inspiration - Ability

By Nikki Viljoen of N Viljoen Consulting C(Pty) Ltd

Today’s quote comes from Stevie Wonder, who says “We all have the ability.  The difference is how we use it.”

There is a great advert on TV at the moment about talent.  It goes something along the lines of talent and whether we are born with it or not. It ends with something like, whether we are born with it or not, in order for it (whatever the talent happens to be) to happen we have to work at it.

Look at all the emerging actresses and actors that seem to be springing up lately, and let’s not forget the new singers and Idol contestants.  I know that I always think that they have just ‘sprung’ up out of no-where, but that is just because I haven’t seen them before.  It doesn’t mean that they have not been passionate about what they do since they were knee – high to a brick.  It doesn’t mean that they haven’t practiced it at every opportunity.

I mean do you really think that the winners of say “Idols”, or “You think you can dance”, woke up one morning and decided to enter a competition, without any kind of preparation, cracked the audition and actually made the finals or even won?  This is the real world – stuff like that just does not happen!  These people have worked day and night to get to the level of competency that they have achieved.  Whether they actually have the talent or the ability is largely dependent on how much effort they have put into or invested in it.

So now here’s a thought – what makes it any difference in business?  You may have the greatest widget ever invented or the best service in the world, but if you don’t work at it and get it out there, market it, brand it and get exposure to it, from as many people or organizations as possible, nothing is going to happen.

That is why it is so important to be passionate about what it is that you do – I could think of nothing worse than slogging day in and day out over something that I didn’t really believe in, or something that I didn’t even like (much less love) – quite frankly that would just be a huge waste of time and energy and would also be soul destroying.

So tell me, have you used your ability today and if so, how have you used your ability today?

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

HR 101 - To Steal or Not To Steal

HR 101 - To Steal or Not To Steal

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Labour Law and Best Practice requirements.

When you catch an employee stealing, your initial ‘knee jerk’ reaction is one of ‘get them out of my sight and out of my company (preferably before I do them grievous bodily harm).’  Step away from the employee – no, seriously – step away from the situation it is full of emotion and that emotion will induce you to do something that you will regret.

Gone are the days when you could just dismiss an employee for stealing.  Gone are the days when you could just tell an employee to pack up and go – the rules are in place and if you don’t follow them, you will be the one paying the consequences for their misguided youth.

Here’s the deal:

Theft is considered a ‘misconduct’.  The Code of Good Practice states “Dismissal imposed several requirements on an employer who is considering dismissing an employee for misconduct.”

“Three of these requirements are:
1. The employer should first consider factors such as the employee’s length of service and disciplinary record;
2. The misconduct must be of such a grave nature that it makes a continued employment relationship intolerable and
3. An employee should be dismissed only if they have been found guilty of gross misconduct.”

So what is considered as ‘gross misconduct’?  Some of these are (but not limited to):
• deliberate (wilful) damage to the employer’s property
• deliberately (wilfully) endangering the safety of others
• Physical assault on the employer, a fellow employee or a client/supplier
• Gross insubordination (so they can steal from you but they can’t give you the finger)
• Gross dishonesty.

In the old days, stealing from your employer meant that you were dishonest and that dishonesty meant that your employer could no longer ‘trust’ you and meant that your continued employment would be intolerable for the employer – well those were the ‘old’ days.  Things have now changed – again.

You see, the law says it has to be ‘gross dishonesty’ and therefore not all dishonesty.  Therefore this means that not all ‘theft’ can be considered as ‘gross dishonesty’.

My take on this is that if my employee lies to me, I cannot trust them.  If they steal from me, I cannot trust them and quite frankly if I cannot trust them then I don’t want them to be working in my company let alone anywhere near my space.  The law of course, sees this in a different light.

Remember that mitigating circumstances have to be taken into account – those are things like number of years that the employee has been employed by the company and whether or not they have a clean disciplinary record or not.

The employer also has to prove that continued employment of the employee will make the employment relationship intolerable.  This proof would have to show that the relationship was not merely damaged but actually destroyed.

Note to self – outsource everything that you can!

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Early Warning – Where are your Employee Deductions?

Early Warning – Where are your Employee Deductions?

By Nikki Viljoen – N. Viljoen Consulting (Pty) Ltd  – June 2011

Please note that this pertains to South African Tax, Department of Labour and Best Practice requirements.

Times are tough – I get that, but stealing the money that you have deducted from your employees is just not on!

Funds that should be paid across to the Pension Fund or to SARS (South African Revenue Services) or even to the UIF (Unemployment Insurance Fund) and that are then misappropriated by the employer, can and do have serious implications for the employee.

The problem then is that if the company becomes insolvent the funds that should have been paid over cannot (or at best become extremely difficult) be collected or at best become extremely difficult to collect, especially if they were destined for the Pension Fund.  This is because retirement type funds are not classified as ‘secured creditors’ but rather as ‘preferred ones’.  Payments that were destined to go to SARS are a bit easier to collect, but the bottom line is that if there is no money, then there just is no money and having to wait for years to get that money back in, doesn’t help you one iota, if you are retrenched and unemployed right now without UIF to fall back on.

The bottom line is that the Trustees and Administrators of these funds need to take action the moment payment is not received rather than wait until such time as the company is declared insolvent.

There is also something that you as an employee can do and that is check on a regular basis that your contributions have been paid over to the relevant body and thereby ensure your future.

Be proactive and make sure that everything has been paid over.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Networking 101 - One on One Meetings are Essential

Networking 101 - One on One Meetings are Essential

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd - March 2009

Being able to have a ‘one on one’ discussion with someone that I have met, very briefly  at a Networking meeting (or anywhere for that matter) is of the utmost importance for me.

Think about it for a minute – at a Networking meeting, chances are that you have had about 30 seconds (if you are lucky) to tell people who you are and what it is that you do.  In the instances where you have tried to engage in conversation with someone, that conversation has been interrupted – several times, by people wanting to give you their business cards or wanting to give business cards to the person that you are trying to engage in conversation with.  If the truth be told the whole vibe is frenetic.  People are pumped up with the possibility of doing business and all the opportunities that abound – everywhere.  For me, whilst this is all very exciting, it’s just not conducive to doing good business.

I need to have a ‘one on one’ meeting with the individual where we can sit quietly and I can find out who they are and what it is that they do.  Where I can have a glimpse of the persona and get a ‘feeling’ of the person.  You see at some point I will most probably be referring this person to the people in my data base or referring people in my data base to this person, which ultimately means that my credibility will also be on the line.

People have often likened this meeting to an interview and I suppose on some levels it is, except that we are both ‘interviewing’ each other.  We both get to tell the story of who we are, what it is that we do, what our passion is and where we could possibly fit into each others networks.

Quite honestly you will be amazed just how much synergy people have with each other irrespective of how little it would appear to be at first glance.

Actually, if the truth be told – when people show reluctance to meet with me or constantly ‘forget’ our appointment, it is a clear indication to me, that they have no idea about the concept of networking. 

As they say in the classics, ‘every picture tells a story’ and in Networking this picture is crystal clear.

So the next time someone asks to set up a ‘one on one’ meeting with you – take the challenge and meet with them, you’ll be amazed at what comes out of that meeting.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za  or http://www.viljoenconsulting.co.za

Business Tips – Preoccupations

Business Tips – Preoccupations

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd

Dr Renate Volpe, in her Leadership Insight Nuggets says “The “new age” leader appreciates that preoccupation with living issues, affects our ability to perform at optimal potential”.

My obvious question (well to me it’s obvious) is – how could it not affect our ability to perform at optimal potential?

In my youth, I can clearly remember often being told (or hearing it being told to others), ‘don’t bring your problems to work!’  Whilst I do understand that we are employed or alternatively, we employ people to perform a specific task or function, the reality is that we are human beings.  As human beings we have feelings and emotions and we are not programmed like a ‘light switch’ to be turned on and off.  Quite frankly that’s like ripping the wings off an aircraft and expecting it to fly!

That said, there are often those employees that always seem to have something wrong.  If it’s not one thing then it’s another. They seem to live their lives in some form of disaster area or another, and the constant emotion that this generates as they go from person to person looking for sympathy and attention can be very trying as well as exhausting.

So where and how do you draw the line?  Realistically, as an employer you do need to have your productivity and the quality of your product or service, maintained.  You do have to ensure that the work gets done, because if you don’t, you will lose clients and losing clients will put your business, your staff and you at risk.  It really is a fine line and different things work for different people.

Although I don’t really do the ‘emotional’ thing very often, when it comes to staff – I am aware that different people handle different things in different ways.  Some people withdraw, some people act out – the bottom line is that as the employer, you have to know and understand your employee and then you have to deal with each employee based on who they are and how they react to any given situation.

Obviously that does not mean that you have to allow yourself to be abused by your employee and no, showing your ‘soft side’ does not make you a softie, but you do need to be able to show empathy and support.

How you do that of course, is up to you.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Inspiration – Choosing Your Own Path

Inspiration –  Choosing Your Own Path

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Oprah Winfrey says “Understand that the right to choose your own path is a sacred privilege.  Use it.  Dwell in the possibility.”

I have ‘the right to choose’ – what does that mean exactly?  Well, for me it means that if I am accountable and responsible for the consequences of a choice then it is my right to make the choice.

So often lately, I have heard the words ‘but I didn’t have a choice’!  Of course you do!  Many times it is our perception that is flawed – the person who works for a Company, and they are ‘stuck’ in a job that they hate -  well leave the Company, or ask for a transfer to a department where there is a job that you would love to do.  I understand that you need to work, in order to make a living, to put food on the table – but nobody can force you to work where you are not happy – it is your choice to stay, just as it is your choice to leave. Whether you leave to go to another job or where you leave without another job is also your decision and your choice.

Whether you realize your dreams or achieve your goals is entirely dependent upon your actions (or indeed your non-actions) and your actions are dependent upon the choices that you make.

Understand though that without any action on your part, your dreams and aspirations will also not be realized – but again, that would be a choice that you have made.

Clearly, the path that you choose would have to lead to the dream or goal that you have.  If it doesn’t, it would be like taking the wrong fork in the road or even turning in the wrong direction.  As much as people get ‘lost; if they don’t follow directions, you will become ‘lost’ if the path that you choose does not lead to your dream or goal.

Fortunately though, as much as we can look at a map, or get new directions to our destination, so too can we make alternative choices to ensure that we get back on the right path. 

Remember though that there may be a choice that you have previously made that may limit the choices that you can currently make.  For example if you made a choice to steal and you were caught and as a direct consequence of that choice you are currently serving time, one of the choices that are currently open to you won’t be that you can go down the road to the local Wimpey for a coffee – that is why the choice of road that you take is ‘a sacred privilege’. 

Keep your dream and your goal in the forefront of your mind to ensure that the choices that you make will keep you on the right path to achieve your dream or your goal

Guard that right, guard that choice, guard that dream and guard that goal.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

HR 101 - Safety Laws & the SMME

HR 101 - Safety Laws & the SMME

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

Please note that this applies to South African Labour requirements and best practice.

The Occupational Health & Safety Act (OHSA) applies to everyone – irrespective of whether you have 1 employee or you have 100 000 employees – it applies to everyone.

Right, now that I have that out of the way, less unpack it and see exactly what that means.

Most small business owners/entrepreneurs that I know, seem to think that the Act only applies to large corporations – please understand that it doesn’t – the Act requires that an ‘employer’  must ensure that the workplace is free of ‘hazardous ergonomics and substances, micro-organisms etc, which may cause injury or disease’.

The purpose of the Act is to establish a minimum set of standards and requirements of occupational health and safety within the workplace or working environment.

Actually, if the truth be told all companies should have a health policy, which needs to be applicable to all of their employees and workplaces.  Actually it needs to be for persons other than their employees too – so it would need to be applicable to clients or service providers and others who would be ‘visiting’ their premises for whatever reason. 

Where SMME’s go wrong is that they compare their small workplace to that of a mine or a large manufacturing plant or factory and then they don’t see their workplace as a potentially dangerous working environment.  Truth be told, all employees have a constitutional right to work in a safe environment, so employers need to do whatever they can to prevent injury to their staff and it is also advisable for them to have someone trained to deal with emergencies.

The employee also has an obligation not to put themselves at risk.  For example if they work say on site in a construction company, as much as the employer is required to supply the employee with protective clothing, such as a hard hat or steel capped boots and gloves, the employee is obliged to wear such clothing and cooperate with the employers requests on the matter.  Failure to do that would actually constitute ‘negligence’ on the part of the employee and the employee can be disciplined and actually dismissed on these charges.

Be warned, inspectors from the Department of Labour regularly inspect companies – large and small and they will also investigate any incident where someone is injured or any complaint that may have been made and if the SMME has not complied they will be in for penalties, just the same as any large corporation.

Remember too, that it is the responsibility of the company to report any injury that has occurred in the workplace to the Department of Labour within 7 days of the incident occurring.  This does not just apply to incidents where someone has lost a limb but also incidents arising when someone slips or trips or is exposed to chemicals or falls from a height or where someone has a sprain or strain or sustains a burn or even noise damage etc.

If you, as an SMME or entrepreneur, are not sure of what needs to be done be sure to get some help.  But get yourselves a ‘health policy’ and get yourself informed – someone’s life may well depend upon it.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Early Warning – Credit Card Fraud

Early Warning – Credit Card Fraud

By Nikki Viljoen – N. Viljoen Consulting (Pty) Ltd

We seem to still be on the whole Credit Card experience – this was also received from a colleague.  Again, how true it is, I couldn’t vouch for – but it does seem plausible and for me forewarned is always forearmed.

“Yesterday I went into a pizza restaurant to pick up an order that I had called in.  I paid using my Visa Cheque Card, which of course, is linked directly to my current account.

The young man behind the counter took my card, swiped it and then laid it on the counter as he waited for the approval, which is pretty standard procedure.  While he waited, he picked up his cell phone and started dialing.  I noticed the phone because it was the same model as I have, but nothing seemed out of the ordinary.

Then I heard a ‘click’ that sounded like my phone sounds when I take a picture.  He then gave me back my card but kept the phone in his hand as if he was still pressing buttons.  Meanwhile, I’m thinking: I wonder what he is taking a picture of, oblivious to what was really going on.  It then dawned on me - the only thing there was my credit card, so now I am paying close attention to what he is doing.

He set his phone down on the counter, leaving it open.  About five seconds later, I heard the chime that tells you that the picture has been saved.  Now I’m standing there struggling with the fact that this youngster just took a photo of my credit card.  Yes he played it off well, because had we not had the same kind of phone, I probably would never have known what happened.

Needless to say, I immediately cancelled that card as I was walking out of the pizza parlour.  All I am saying is be aware of your surroundings at all times.  Whenever you are using your credit (or debit) card, be cautious and don’t be careless.  Notice who is standing near you and what they are doing as you use your card.”

The bottom line as always, be aware, be safe and take steps to ensure that you don’t become a victim.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Networking 101 - Be Authentic

Networking 101 - Be Authentic

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:

“Be authentic. Choose to be consistently YOU.”

This is also something that everyone should be aware of.  It’s very easy to play a part or to try and portray the persona that you would like people to see and relate to.  The problem with this of course is that like most lies, it will eventually come out and when it does the damage that will have been done, in all probability will be irreparable. 

For me it is just easier and a whole lot less complicated to be me – warts and all.  At least that way, I don’t have to remember what I said to whom – no matter how often I tell you the tale or the story, it will be the same story because it is the truth.  No matter how many times you meet me or engage in conversation with me, it will be the same me – a few days older, perhaps a little grumpier, sometimes busier but all the same me.

Credibility is built on trust and consistency and believe me if you are not consistently who you are, your credibility will be found to be seriously in need.

Besides which – and here is the million dollar question – why would you want to be anyone other than who you are?

Be all that you can be, but be you!

For more information on Renate, please visit her website at http://www.drrenatevolpe.co.za

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za  or http://www.viljoenconsulting.co.za

Business Tips – Politics In The Workplace

Business Tips – Politics In The Workplace

By Nikki Viljoen – N. Viljoen Consulting (Pty) Ltd

Dr Renate Volpe, in her Nuggets on Political Intelligence says “Good politics advance the organizations agenda as a whole.  They are appropriate and future oriented.  Negative politics maintain the status quo, promote group think and advance the individual’s agenda, usually at the expense of others.”

Being an Internal Auditor in many ways was my saving grace.  You see I had to remain objective, I had to put myself apart and in doing so I was fortunate enough not to get involved in the internal office politics.  What I  did do however was watch the political plays that were taking place and the various agendas that were played out, both transparent and hidden,

Very like the politics in any country, the politics in a company can actually make or break careers and if not controlled and managed properly, could ultimately result in the downfall of the company, particularly if there is a huge amount of in-house fighting and egos that are out of control.

In-house fighting and bad office politics usually has the employees taking sides as they battle for their place in the hierarchy and hold on tightly to the coat tails of the person that they have backed, and this usually results in a split in loyalties.  Focus of the business and its requirements, is lost and quite frankly when your eye is ‘off the ball’, chaos reigns.

Politics that is good for business and positive and for the betterment of the employees as well as management and the clients, usually will result in better and greater achievements.

The bottom line – happy employees and happy customers make good business sense.

For further information regarding Renate please go to her web address at http://www.drrenatevolpe.co.za .

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Inspiration - A True Leader

Inspiration -  A True Leader

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

The quote today comes from Daisaku Ikeda. He says “A person, who no matter how desperate the situation, gives others hope, is a true leader. “

Pretty powerful stuff, I am sure you would agree – but what does that mean to me?

Well on a personal level, it means that irrespective of how badly (or well for that matter) that person uses his or her wisdom to assess my problems in my business, they give me not only the best possible advice, but also encouragement and motivation.

It’s the person who, without talking down to me, without being smug, without the drama and the emotion, gives me practical advice on “how to” fix up my problem.

It’s the person who points me in the right direction – it’s the person who helps me stay focused on what my goals are.

Are you such a person?  Are you a true leader?

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

HR 101 - Are Employers Protected

HR 101 - Are Employers Protected

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Labour Relations and Best Practice requirements, which does change from time to time. The facts documented here were current at the time of writing but this may have changed,  Please check the latest changes made.

To say that several of my clients have been seriously challenged by some of their employees over the last couple of months would be nothing short of a huge lie!  It’s almost like all the employee misfits of society got together and decided to cause as much chaos in the workplace as they could.  Great business for me, but seriously challenging for my clients.  One of the questions raised by most of the clients affected is “Are Employees protected or is it all for the employee?”

Well here are some facts:

• Section 9 (1) of the Bill of Rights contained in the constitution of South Africa says “Everyone is equal before the law and has the right to equal protection and benefit of the law.”
• Section 9 (2) of the Bill of Rights contained in the constitution of South Africa says “Equality includes the full and equal enjoyment of all rights and freedoms.”
• Section 23 (1) of the constitution says “everyone has the right to fair labour practice.”

Here’s the thing though – what does the constitution mean by “everybody” and how “equal” is everyone?  Our perception is that there are some that are more ‘equal’ than others.

Well in my opinion (and remember I am not a legal person) this should mean that employers should have the same rights to fair labour practices as employees and that they should also be entitled to take their employees to CCMA, and sue them for breaching their rights.

Unfortunately, it appears that my opinion does not count as there was a case where the Labour Court said that the CMMA did not have to hear a case where an employer brought charges against an employee for ‘unfair treatment’.  In fact the court said “It is not thought that employers need any protection against unfair resignations by employees.  The majority of workers in this country are still un-unionised and remain extremely vulnerable.” And “in my view the employer remains very economically strong compared to an individual worker and the fact that this protection is afforded the employee but no similar protection is afforded the employer does not come anywhere near to diminishing the power that the employer has.”

Clearly the courts are not prepared to uphold the constitution for all – it only applies to some and furthermore clearly, not everyone is equal!

Sadly there are small companies all over this country, that are closing down due to the economic challenges they face and these are made worse by problem employees who are out to make a quick buck and who have no scruples about who their actions affect.

So how do employees protect themselves, well for me, as usual, it is about implementing systems.  Policies and procedures are a basic requirement of any business and even as a ‘one person show’, I have them implemented in my business.  I have checklists on the ‘when things must be done’ type of issues as well as checklists on the ‘how things must be done’ type issues.  In the chaos and speed that we currently run around in, it is easy to ‘miss’ a step in whatever it is that I am doing and believe me, that ‘missed’ step is going to have a consequence (and one that usually hits me in the pocket or wallet area).

The majority of my clients who were ‘challenged’ by their employees over the last couple of months, did not have the relevant policies and procedures in place and the consequences cost them and those that did have policies and procedures had not implemented them or enforced them and therein lay their greatest problem.

As I’ve said before, and will no doubt say many times again – policies and procedures should be implemented in every business – they protect us from our own stupidity!  Having those policies and procedures on hand and not implementing them  . . . .  well enough said on that!

Understand though, that any ‘self protection’ mechanism that you indulge yourself in, will have to comply with the Labour Laws as ‘equal’ or not, ‘fair’ or not – the workers rights cannot be tampered with. That said however, at least if the policies and procedures are in place, there can and should be consequences!

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Early Warning - Credit Card Theft

Early Warning - Credit Card Theft

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

I received this mail from a colleague and now pass it on in an attempt to halt this particular type of theft. The article does not specify where exactly this took place but it sounds plausible and of course as usual prevention is far better than cure.  So please be aware and be present and don’t let these people get away with it.

“A man at a local restaurant paid for his meal with his credit card. The bill for the meal came, he signed it and that the waitress folded the receipt and passed the credit card along with the receipt.  Usually, he would just take it and place it in his wallet or pocket.

Funny enough though, he actually took a look at the card and ‘lo and behold’, it was the expired card of another person.  He called the waitress back and she looked perplexed.

She took it back and hurried back to the counter under the watchful eye of the man.  All the waitress did while walking to the counter was wave the wrong expired card to the counter cashier, and the counter cashier immediately looked down and took out the real card.

No exchange of words . . . nothing!  The waitress took it and came back to the man with an apology.”

Verdict!

Make sure that the credit cards in your wallet are yours.  Check the name on the card every time you sign for something or the card is taken away for even a short period of time.

Many people just take back the credit card without even looking at it, assuming that it has to be theirs.

For your own sake, develop the habit of checking your credit card each time it is returned to you after a transaction.”

Good advice, whichever way you look at it.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Business Tips – Keeping Yourself Compliant

Business Tips – Keeping Yourself Compliant

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African legislation and Best Practice requirements.  I’m pretty sure though most countries have something similar in terms of legislation in place.

Over the last couple of years I have met with several small business owners who run their businesses in a less than moral manner.

In most instances they are well aware that what they are doing is wrong.  In all fairness to them – they are perhaps not fully aware of the extent in which they have put themselves at risk.

That said, they are still very much aware that there are consequences if they run their businesses in a ‘reckless or fraudulent’ way.

In fact, the bottom line and the harsh reality of the matter is that both the Close Corporations Act and the Companies Act have put processes in place that allow the courts to make the members of a Close Corporation or the directors of a Company, personally liable for the debts incurred it they know that they are running their businesses in a ‘reckless or fraudulent’ way.

The Close Corporation Act says: “A member of a corporation shall be liable to the corporation for loss caused by his or her failure in the carrying on of the business of the corporation to act with the degree of care and skill that may reasonably be expected from a person of his or her knowledge and experience.”

The Companies Act says: “When it appears, whether it be in winding-up, judicial management or otherwise, that any business of the company was or is being carried on recklessly or with intent to defraud creditors of the company or creditors of any other person or for any fraudulent purpose, the Court may, on the application of the Master, the liquidator, the judicial manager, any creditor or member or contributory of the company, declare that any person who was knowingly a party to the carrying on of the business in the manner aforesaid, shall be personally responsible, without limitation of liability, for all or any of the debts or other liabilities of the company as the Court may direct.”

So what does this mean exactly? Here’s the story . . . . .

Mike owns a CC (Close Corporation) and he is in construction, but because he has been sequestrated he cannot have it in his own name, so he puts it in the name of his wife Susan.  Susan is a shipping clerk in a huge corporation, who has no idea of how to run a business, much less anything to do with construction.

Mike has five projects on the go and in the usual fashion with some construction people he has taken 75% of the fees up front to purchase materials and what have you. The balance of 25% will be paid when Mike completes the project and obtains sign off from the building inspectors and of course the client.
 
Mike has purchased material for project 1 and 2, using the deposit from project 1. 
Mike has purchased material for project 3 and 4, using the deposit from project 2. 
Mike has purchased material for project 5 using some of the deposit from project 3. 
The balance of the deposit from project 3 and deposits from projects 4 and 5, Mike has used to buy a new bakkie.

The materials that Mike has purchased are of an inferior quality and workmanship and Mike is hoping that no-one is going to notice.  Project 1 is about 80% done and just has to have the finishing touches, like the light fittings and what have you done but he has now run out of money and there are no new projects in the pipeline.  Project 2 is about 50% done and project 3 has just been started.  Neither projects 4 nor 5 have been started at all.

Mike has dealing with several suppliers during the course of these 5 projects and they know him and he has been paying cash up front or settling the bills on a pretty regular basis.  A relationship has been forged and Mike goes to get more materials promising to pay as ‘soon as he gets to the office’.  Mike has purchased sufficient materials to ‘finish’ project 1 and he is banking on the balance of the money for project 1 to continue with project 2. The problem is that Mike has used inferior fittings and finishes and both the building inspector and   the client refuse to sign off because this is not what was ordered or paid for.  In the mean time the suppliers are hounding Mike for payment and he is now not even taking their calls.

Mike is now deep in the smelly brown stuff – he has set up and is running a business fraudulently as being sequestrated is he is not allowed to register or run a business in his own name.  He has accepted money for work, materials have not been purchased.  Materials purchased are of an inferior quality and workmanship, he has not paid for some of the materials.  Mike has spent the money that he was paid on other things.  The workers have not been paid and there is now no money at all.  Mike is now trying to file for bankruptcy which means that the suppliers will get a fraction of what he owes them. Mike has run this business in a fraudulent manner and the Court can hold him responsible in his personal capacity and actually prosecute him to the fullest extent of the law – this could mean not only fines and penalties, but it could also mean jail time.  Actually of the truth be told, the Court will hold Susan responsible in her personal capacity a well since she is the legal owner of the business and she was complicit in the fraud in that she allowed Mike to register a business in her name.

None of what Mike did, was done by accident, it was all done deliberately and with forethought.  Mike over estimated his own luck and his own intelligence.  You see, by running the business in Susan’s name, Mike thought that he would be ‘outside’ of the law and could not be held responsible.  How wrong could he actually get.

Please understand that the days when less than honest business owners could get away with this kind of behavior are long gone.  Hundreds and thousands of small business owners and individuals lost their businesses and their livelihood and sometimes even their homes because of the unscrupulous behavior of some people – it may take a while, but these days, these people can be brought to justice and be held accountable for their actions.

Remember too, that ‘ignorance of the law’ is no excuse.  Make sure that you understand what your obligations are and make sure that you follow them and that you are compliant. 

Being proactive is always a lot easier than constantly trying to be reactive.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

MOTIVATION – Liberate Your Future

MOTIVATION –  Liberate Your Future

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd 

The quote today comes from Marilyn Ferguson, who says “Your past is not your potential.  In any hour you can choose to liberate the future.”

Well there it is – my old friend “choice” has come to give me a real swift, sharp, painful kick up the rear end!

Just when I think I’ve got the whole thing carefully sussed out, something like this comes along to remind me just how quickly my focus can wander and even more how quickly I can lose my footing on the path of my life.  And yes . . .  I often do write about what I most need to hear!

Quite often over the last couple of months my thoughts have turned to the past and instead of relocating them to the present and the future, I have allowed them to dwell there, with consequences you understand – there are always consequences.

I’ve allowed myself to dwell on relationships, both business and personal, that are no longer – I have wallowed in the hurt and injustice of the emotions that they aroused.  I have grieved over the loss of animals and companions and friends and seeped myself in self pity – but ultimately at what cost?

Sure these things have to take place and it is healthy to go through them, ironically though, I thought that I had dealt with this . . .  or had I?  Was this self indulgent rubbish or was this me actually going through that process that I thought I had already gone through?  Who knows and quite honestly does it really matter?  Probably not!

What does matter though, is that I shrug it off and get myself re-focused because the more I continue down this path of self pity, the harder it will be for me to get myself back on track.  I have to make a decision, a choice if you will.  That choice is to turn away from the past, forget about it, wipe the slate clean and look to the present and the future.

What do I want to see on the newly cleaned off slate?  How do I want to populate it?  I have a few ideas – do you?

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

HR 101 - Overtime – What You’re In For

HR 101 - Overtime – What You’re In For

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Labour Relations and Best Practice requirements.

Please further note that terms and conditions in the Basic Conditions of Employment Act as well as the Labour Relations Act are amended from time to time and therefore information should be checked to ensure that it is correct and still applicable.  This has been checked as at 3rd May 2019.

There is a huge amount of confusion about what is considered overtime and what actually is overtime and this often causes problems within an organisation – it’s that whole perception and assumption thing that very seldom actually reflects reality.

For example a normal working week is considered (by law) to be 45 hours.  So if an employee works a 5 day week, 8 hour day (remember their lunch times do not constitute ‘working’ time), they have successfully worked a 40 hour week, so working an extra ½ an hour does not mean that they qualify for overtime, because they are still 4 ½ hours short on what they should be working.  Many employees do not understand this and then feel that the employer is ‘cheating’ them out of overtime pay and by the same token, many employers are not aware of this and just pay!  Either way, it is not a good situation and hopefully this article will put things into perspective.

Overtime and work on Public Holidays.
This is where the wording in your Letter/Contract of employment is extremely important.  Unless there is a proper agreement or contract in place, according to the Basic Conditions of Employment Act, the employer is not permitted to ‘force’ the employee to work overtime (remember that this means the time that an employee works during a day or a week in excess of ordinary hours of work) on weekends or public holiday.

If you don’t have anything in place in terms of your Letter/Contract of employment and you, as the employer, require overtime work to be done over a weekend or on a public holiday, your staff would only be obliged to work if you got their agreement, in writing, to do so.

So people, it is in your own best interests to get your Letters of Appointment up to date and in compliance with the Basic Conditions of Employment Act.

How to calculate the rates.
Let me be very clear here – there are some employees that are not ‘covered’ by the BCOA (Basic Conditions of Employment Act) – these are (but not limited to):
- Members of the National Defence Force
- (workers in) Senior Management
- Sales staff – who travel
- Workers who work less than 24 hours in a month
- Workers who earn more than an amount gazetted from time to time – clearly this pertains to specialized circumstances and would not affect most employees – if you’re not sure, please contact an HR Specialist.

Then of course there is the, no overtime work will be paid unless the overtime has been authorized by an employee’s Manager or is required in terms of a work roster.

Workers must receive 1.5 times their normal hourly rate of pay or time off in exchange for overtime or they can even receive a combination of the two.

Staff are not obliged to work overtime:
- Unless the overtime has been made by agreement (in your Letter/Contract of employment or by consent in writing)
- If the overtime is more than 10 hours per week (if this is a special circumstance a ‘collective agreement’ can increase this to 15 hours a week, but only for a maximum of two months in any given year.)
- Workers may not work more than 12 hours a day.

Pay for Overtime Work
Like most calculations in life, life is generally made a lot easier if you have a formula to calculate with – overtime remuneration is no exception to the rule.

5 day week overtime calculation:
Those who work a 5 day week work 21.67 days per month, this is accepted as the norm.

The working week is accepted as 45 ordinary hours (not including overtime).

The working day is accepted as a 9 hour day.  The employee is paid for 8 hours and the 1 hour meal break is NOT paid for.  Before every staff members starts weeping and wailing and shouting the odds, this is the law as it is gazetted in the BCOA, so don’t be having a go at your bosses!

So therefore the formula for calculating the hourly rate is:
Salary divided by 21.67 (remember these are the days worked in a month) divided 9 (those are the working hours per day) and 21.67 multiplied by 9 = total working hours per month (195.03 hours).  Therefore if Tommy earns say R5 000 per month then his hourly rate is R25.64 per hour and if he has worked 48 hours in one week, then he is entitled to 3 hours over time at 1.5 times his hourly rate, which would mean that he is entitled to an additional R115.38.

The calculation for employees who work a 6 day week is as follows:
Those who work a 6 day week work 26 days per month, this is accepted as the norm.

The working week is accepted as 45 ordinary hours (not including overtime).

The working day is accepted as a 7.5 hour day.  The employee is paid for 6.5 hours and the 1 hour meal break is NOT paid for.  Before every staff members starts weeping and wailing and shouting the odds, this is the law as it is gazetted in the BCOA, so don’t be having a go at your bosses!

So therefore the formula for calculating the hourly rate is:
Salary divided by 26 (remember these are the days worked in a month) divided 7.5 (those are the working hours per day) and 26 multiplied by 7.5 = total working hours per month (195 hours).  Therefore if Tommy earns say R5 000 per month then his hourly rate is R25.64 per hour and if he has worked 48 hours in one week, then he is entitled to 3 hours over time at 1.5 times his hourly rate, which would mean that he is entitled to an additional R76.92.

Oh . . .  and don’t forget that the Tax man want’s his cut of this to.  So if for example your extra R100 overtime that you think you are getting puts you into the next tax bracket, this will mean that you owe the Tax man.

So there you have the mysteries of overtime and how to calculate it at your fingertips.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Customer Service 101 - The Customer is always right

Customer Service 101 - The Customer is always right

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

We’ve all heard the phrase “The customer is always right”.  The phrase was apparently first coined in 1909 by the founder of Selridge’s Department Store in London.  It was used to instil a greater sense of awareness amongst the employees, of their attitude towards customers and how they interacted with them.  It is used today, rightly or wrongly, by business to indicate or give the impression of providing good service.

In many businesses today, particularly where there are call centres in place, this has become merely lip service.  Nowadays though, with the internet, e-mails and blogs, the networks and people who are linked with working networks, when a client chooses to complain, very few companies can afford not to listen.  With the introduction of industry ombudsmen there are even more complaint channels available to people who wish to voice their complaints.

This makes consumer power bigger and better than it has ever been.  The question of course is do we, as consumers, complain enough, or do we just put up with bad service, poor quality and indifferent sales people for the sake of a quiet life?

If a client takes the time or the trouble to voice a complaint it should be seen as an opportunity, by the business, to right a wrong, or as a second chance.  The fact is that customers who complain give business the opportunity to improve their service and thereby retain the patronage of their clientele.

Ironically, the reality of the situation is that very few of us take the time and trouble to complain or express our dissatisfaction directly to a company usually because the perception is that it is not really worth the effort.  Many South Africans just tolerate bad service.  What we usually do is ‘vote with our feet’ and of course our voices, when we tell all of our friends, family and colleagues or in fact anyone who will listen, about the bad experience that we had.  This does not help the situation at all, as we have not dealt with the root of the problem.

Human nature being what it is though, means that we usually complain a lot more that we praise.  So when we moan and groan quite liberally to all and sundry we very rarely spread the news when service or quality is exceptional.  The result of this of course that we as consumers have the ability and potential to make or break a small business.

Clearly it is of the utmost importance to deal with customer complaints effectively and efficiently.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za